A written constitution for AotearoaNew Zealand At the time of writing, New Zealand was one of only three countries in the developed world whose constitution was not written. So, Sir Geoffrey thinks that the present constitution of New Zealand is dangerous incomplete, ambiguous, fragmented and too flexible. He also said that New Zealand needs a constitution in line with modern times to prevent government abuse of power. Constitution will be designed to protect the freedom of individuals, advance open and transparent institutions and offer efficient accountability mechanism. Therefore, the need for participation and contribution of community opinions and experts to ensure the constitution of the people, for the people before submission to the Government. Within the framework of this essay, I will clarify a number of issues: (i) What is the Constitution? (ii) New Zealand Current status of the current constitution; (iii) The role of a written constitution. Subsequently, as an expert, I participated in a number of constructive comments in writing the constitution for his proposed New Zealand Geoffrey. “Constitution” is the fundamental and entrenched rules governing the conduct of an organization or nation state, and establishing its concept, character, and structure. It is usually a short document, general in nature and embodying the aspirations and values of its writers and subjects.
Trang 1A written constitution for Aotearoa/New Zealand
At the time of writing, New Zealand was one of only three countries in the developed world whose constitution was not written So, Sir Geoffrey thinks that the present constitution of New Zealand is "dangerous incomplete, ambiguous, fragmented and too flexible." He also said that New Zealand needs a constitution "in line with modern times" to prevent government abuse of power Constitution will be designed to protect the freedom of individuals, advance open and transparent institutions and offer efficient accountability mechanism Therefore, the need for participation and contribution
of community opinions and experts to ensure the constitution of the people, for the people before submission to the Government
Within the framework of this essay, I will clarify a number of issues: (i) What is the Constitution? (ii) New Zealand Current status of the current constitution; (iii) The role of
a written constitution Subsequently, as an expert, I participated in a number of constructive comments in writing the constitution for his proposed New Zealand Geoffrey
“Constitution” is the fundamental and entrenched rules governing the conduct of
an organization or nation state, and establishing its concept, character, and structure It is usually a short document, general in nature and embodying the aspirations and values of its writers and subjects
Unlike most other countries, New Zealand does not have a law called the
"Constitution" Instead, the rules to be adjusted to the country in what is often called the unwritten constitution Most of them are in fact written down in many laws, rules and practice - just not in a single document Important elements of the New Zealand
constitution include: (i) The law was passed by Parliament in New Zealand, as the
Constitution Act 1986, Election Act 1993 and the New Zealand Bill of Rights Act 1990
(ii) British law passed through New Zealand Imperial Law Act 1988 applications, such as the Magna Carta (iii) The powers of the head of the state, the Queen (or King) - such as
Trang 2the right to appoint the Governor, General, whose role was established by letters patent
office Forming General Director (iv) Basic constitutional principles, such as the provisions of law, government accountability and separation of powers (v) Some of the
court decision
Constitution of New Zealand is increasingly reflected the fact that the Treaty of Waitangi is regarded as a material to form a government in New Zealand In addition, a set of constitutional conventions, or government practice, although they are not stipulated
in the law, has been developed over time, which fill gaps in the provisions of the New Zealand constitution The convention is based on democratic principles Countries with written constitutions often developing constitutional conventions A written constitution
has some features as follows: (1) That Constitution in which all its provisions are
Systematically and serially arranged in Parts, Articles and Schedules is known as Written
Constitution (2) It is codified and compiled in One Book form (3) It is formulated by a Constituent Assembly formed for this purpose only (4) Constitution is Supreme and all
the three organs of the Government - Legislature, Executive and Judiciary are
subordinate to the Constitution (5) Legislature, Executive and Judiciary are equivalent to
each other They derive their functions and powers in the polity from the Constitution
(6) Consequently, Right to Judicial Review is found i.e the Judiciary can declare a piece
of legislation null and void if it is not in accordance with the substance and spirit of the
Constitution (7) LEGISLATURE = EXECUTIVE = JUDICIARY and all of the three
work under the Constitution
Generally a written constitution given the structure and rules for the government of
a country and to protect the rights of people in the country Constitutions often contain
reports on what people value and desire the country In my view, New Zealand constitutional text that includes the following:
A preamble: The preamble is a statement of principles on how the country will be
adjusted and adjust its society It can talk about why the constitution has been developed, the type of government it is set, and the values it promotes A preamble can inspire and
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State powers: The Constitution sets out the powers of each branch of the state,
which usually includes: The powers to implement the law to suit the constitution; The law enforcement agencies; Competent to decide disputes about the applicable law and on the state and national rights and responsibilities; The power to raise taxes and decide how the revenue is spent; Authority to appoint persons to public offices; Powers relating to peace keeping, such as policing and the establishment and control of the armed forces; Competence to decide on international issues, such as entering into international treaties; Power to forgive those convicted of a crime, in special cases and the special powers in emergency situations, including the special legislative powers and suspension of some rights
The institutions of the state: The Constitution sets out the important institutions
will create status, rights organizations, by what process they are appointed or elected, how they will operate, and how they can relate to each other and with people In almost all countries, the organization include: A head of state (like a king or queen, or president)
- whether elected, appointed or hereditary; The legislature (Congress) - a branch of the state legislature, which usually consists of one or two houses; Executive (government) -developing policies, legislation proposals, adjust water as prescribed by law and keep the peace, and provide public services; Justice (judges and courts) - implementation and interpretation of the law, and the common law countries (such as New Zealand) development of legal disputes on the law applicable in the particular case
Constitution in federal countries (such as Australia) describes the distribution of power between the national government and the local government or state Some countries have autonomous regions, generally where a minority group exercise some self-governance rights independent of national governments
Protection of human rights: Most countries have a Bill of Rights is part of the constitution or specific laws Bills of rights usually restrict how the state may restrict the
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Most of the constitutional protection of individual rights' Many constitutions also provide for group or community rights, especially the rights of minorities and indigenous groups The mechanism for the implementation of these rights may include a requirement
to consult the group on the decisions that affect them and regulations effective participation in decision making and elected bodies through, for example, guarantees representation in the federal parliament or central
Mechanisms for enforcing the constitution: Written constitution is the supreme
law in general, which means that all other laws and government action must comply with the provisions of the constitution Written constitutions are generally enforced by the judiciary Some constitutions establish constitutional courts have the final say on the interpretation of the Constitution and on whether state action in line with the constitution
In other countries, the supreme court of appeal has the final say on constitutional matters Examples of judicial powers, including the power to strike down or invalidate the findings of law violations or constitutional power to declare a law inconsistent with the Constitution without invalidating it
Mechanisms for changing the constitution: Written constitutions often
entrenched This means a special procedure must be used to change the constitution, for example, a special section in the legislature or a voter referendum constitutionally entrenched always set out the processes by which they can be changed
Constitution only governs social relations, economics, politics and the most important fundamental Written constitution must ensure that short, concise and understandable Thus the terms of the constitution only the general rules of principle rather than adjusting details of specific social relations Therefore, according to my personal opinion, in addition to the six main content've outlined above to prepare a
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So far, the controversy surrounding whether or not to issue a written constitution still ongoing However, the angle is an analyst, I said that if New Zealand issued a written constitution should include the posts content as mentioned above This ensures that a written constitution must cover the most basic laws of a state, it represents the will and aspirations of the overwhelming majority of the people exist inside or outside the country, but still the people of that state Besides, to ensure the content above, the drafting of the constitution requires the participation of individuals, professionals, independent groups, little support from the government and Parliament
REFERENCES LIST
Constitutional law book Vietnam (2013), Hanoi Law University, The People's Public Security
Publishing
Legal Beagle by Graeme Edgeler (2016, February 26) Publicaddress Retrieved from Geoffrey
Palmer has decided to write a constitution: http://publicaddress.net/legalbeagle/geoffrey-palmer-has-decided-to-write-a-constitution/
Lynda Hagen (2016, June 16) New Zealand Law Society Retrieved from Toward a written
constitution for New Zealand: https://www.lawsociety.org.nz/lawtalk/issue-890/towards-a-written-constitution-for-new-zealand
Bill Moore (2016, April 2) Politics Stuff Retrieved from Time for 40-page New Zealand
constitution, says Sir Geoffrey Palmer:
http://www.stuff.co.nz/national/politics/78429102/time-for-a-40page-new-zealand-constitution-says-sir-geoffrey-palmer
NICK MEREU (2013, January 14) New Zealand Students Journal Retrieved from A written
constitution for New Zealand?:
http://www.nzlii.org/nz/journals/NZLawStuJl/2009/11.html